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It seems wrong that there's no legal recourse against this sort of thing. If you're brought to court on something that has absolutely no legal standing, you sho
by imgabe 17y ago
It seems wrong that there's no legal recourse against this sort of thing. If you're brought to court on something that has absolutely no legal standing, you should be able to sue for your legal fees.
- pavel_lishin 17y agoI'm pretty sure you can.
- jacquesm 17y agoAs a veteran of 5 court cases I can assure you can in theory but in practice you can't. If you win then that's good for you, but fat chance you're going to get your lawyers fees back except in very rare situations. And even then you'll probably get some baseline payment of a fraction of the real costs. Lawsuits are expensive, American lawsuits doubly so.
- flatline 17y agoIANAL but I think this asymmetry came about with the DMCA. You used to have to go after people for copyright infringement through a series of somewhat expensive and formal legal proceedings; now the onus is on the defendant.
- dschobel 17y agoYou can win damages consisting of your attorney's fees but that's predicated on you being absolutely certain that the judge will see it your way and tossing out the claim as frivolous. This is never a given, especially when dealing with technology.